Neutral Citation No. - 2025:AHC:32324 Court No. - 82 Case :- CRIMINAL APPEAL No. - 11254 of 2024 Appellant :- Atiq Respondent :- State of U.P. and Another Counsel for Appellant :- Chandan Yadav,Dipanshu Kushwaha,Juned Alam Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Atiq with the prayer to set aside the bail rejection order dated 1.10.2024 passed by the Special Judge (SC/ST Act), Kushinagar and to release the appellant on bail in case crime no. 172 of 2022 under Sections 147, 148, 323, 427, 504, 506 IPC and 3(1)(Da), 3(1)(Dha) of SC/ST Act, P.S. Kasya, District Kushinagar. 3. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. 4. Two accused persons Arman and Gulfam made an assault upon Vikas, cousin of the informant, on 21.3.2022 at 8.00 p.m. but anyhow he rescued and after sometime about 17 accused persons came to the house of the informant and caused damage to some family items and with intention to kill made an assault upon the informant, his mother Johniya Devi, Mannu, Patru and Vikas with the aid of lathi, spade, axe etc. and they sustained serious injuries. Injured persons were medically examined and F.I.R. was lodged and now charge sheet has been submitted. 5. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. It is further submitted that all the injuries sustained by the injured persons are simple in nature. It is further submitted that no specific role of assault has been assigned to the present appellant. The entire prosecution story is false and fabricated. It is also submitted that F.I.R. of this case has been lodged belatedly without any plausible explanation for the same. It is also submitted that other accused persons have been granted bail by the trial court itself but since the present appellant was having some criminal history, his bail application was rejected. It is also submitted that the criminal history of the appellant has been explained sufficiently. It is also submitted that essential ingredients to constitute offence under SC/ST Act are completely missing in this case. The appellant is in jail since 1.10.2024. The Court concerned while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 6. On the other hand, learned AGA opposing the prayer for bail submitted that the appellant committed the present offence having knowledge that the injured persons belonged to scheduled caste community. There is no infirmity or illegality in the impugned order but however, he could not dispute this factual aspect of the matter that the injured of this case have received simple injuries. 7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 8. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, the fact that all the injuries sustained by the injured persons are simple in nature, the Court is of the opinion that the appellant has made out a case for bail. The Court concerned erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. Let the aforesaid appellant involved in the aforesaid case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The appellant will not tamper with the evidence during the trial. (ii). The appellant will not pressurize/ intimidate the prosecution witness. (iii). The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v). The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad